The courtroom fell silent as the chilling video played – a figure approaching a man seated in the Overtime Sports Bar & Grill, and the devastating act that followed. The footage, captured on April 21, 2023, showed a single, brutal shot fired into the back of the victim’s head.
Police identified the shooter as a 16-year-old from the Greater Toronto area, now 19 and facing a charge of first-degree murder. Detective-Constable Marc Belanger testified that the video clearly depicted the assailant, wearing a distinctive blue baseball cap with yellow lettering, approaching Joe Cabigon, firing the weapon, and then fleeing the scene.
The impact of the shot sent Cabigon tumbling from his chair as other patrons scrambled for cover. Paramedics rushed the 22-year-old victim to the hospital, but he succumbed to his injuries. The accused has remained in custody since his arrest shortly after the shooting.
The trial, delayed by a severe snowstorm, began as a judge-alone proceeding with the presentation of crucial video surveillance. Footage from inside and around the restaurant painted a grim picture of the events leading up to and immediately following the murder.
Prosecutors sought a publication ban to protect the identity of a co-accused currently at large, and two civilian witnesses expected to testify. The concern was that revealing their names could jeopardize the ongoing investigation and potentially expose witnesses to intimidation.
Additional video evidence showed the suspect, still wearing the blue and yellow cap, running south from the bar, heading towards Cambrian Heights Drive. Witnesses appeared to be rushing towards their vehicles in the aftermath of the shooting.
Four days prior to the murder, surveillance footage from an apartment complex on Elizabeth Street captured the suspect, along with the co-accused and another individual, entering and exiting a unit. The suspect was seen carrying a blue satchel with a noticeable tear.
Investigators connected the satchel to the crime scene. A canine track led to the discovery of a pair of blue pants, the damaged blue satchel, and a handgun containing ammunition. The weapon, its serial numbers filed off, was found to be jammed with wedged bullets.
The evidence continues to unfold, piece by piece, as the trial progresses, seeking to unravel the events of that night and bring justice for Joe Cabigon. The courtroom awaits further testimony and the full weight of the evidence presented.
The trial is scheduled to continue, promising further revelations and a deeper understanding of the tragic events that unfolded at the Overtime Sports Bar & Grill.